The consequences of jail over treatment

[Benton]

(09-01-2017, 04:40 PM)Nebuchadnezzar Wrote: It could be set up something like this, and this is for 18 years old and older. Under 18 years old they stay on the first offense until they are 18.

First offense, the offender gets treatment which will give him the tools and support to help themselves.
Second offense, the offender gets another dose of treatment along with a work program of the offenders choice in something meaningful and will maybe get him a job after.
Third offense, the offender goes to jail to work picking up garbage, chopping wood, whatever until the bill is paid for the first two programs.
Fourth offense, 5 years prison
Fifth offense, 10 years prison

You can only give a person so much help. I won't say most but will say many will clean up after the first offense and I think most will clean up after the second. Few will clean up after the third offense and if they make it to the fourth offense, they go to jail to protect them from themselves and hope they get it.

The fifth offense shows they don't care so you put them away for a while longer.

If they get out and offend again, I don't know what to do. Maybe 15 years?

Just spitballing here

Kentucky has something similar, but less regulated as there's no funding for it. Many judges and staff donate their time to make drug courts work.

https://courts.ky.gov/courtprograms/drugcourt/Pages/default.aspx

Quote:Drug Court is a shining example of Kentucky’s success in specialty courts. Instead of spending time in jail, eligible participants complete a substance abuse program supervised by a judge. Drug Court graduates are more likely to return to productive lives and stay gainfully employed, pay child support and meet other obligations.

Kentucky Drug Court was created in 1996 to assist individuals who have entered the criminal justice system as a result of drug use or drug-related criminal activity and are choosing to achieve and maintain recovery. Drug Court combines close court supervision and treatment with other services to intervene and break the cycle of substance abuse, addiction and crime.
The program uses a team approach that requires collaboration among judges, Specialty Court staff, prosecutors, defense counsel, treatment professionals, law enforcement officers and other community agencies. These professionals help addicted individuals regain control of their lives through judicial oversight, intensive supervision and monitoring, participation in substance abuse treatment sessions and self-help groups, frequent and random urine screens, and referrals to community service agencies and other services.
Today there is irrefutable evidence that Drug Court is achieving what it set out to do — substantially reduce drug use and criminal behavior in drug-addicted offenders. For more than 20 years, the program's solid track record has convinced leaders in state government, along with local judges, prosecutors and treatment providers, that Drug Court is an essential part of the Kentucky court system.
Drug Court operates under the Department of Specialty Courts at the Administrative Office of the Courts.

But, given the limited resources (i.e., none), they have to be pretty selective. And the judges I've worked with have been pretty strict. One screw up and you're likely in jail for full sentence. Basically, in most cases, judges defer sentencing and help first or second time non-violent offenders get into rehab. The problem is most rehab centers are for profit, and many of those needing help don't have any insurance. So courts have to work to find centers that will help someone for free. On top of that, many of your centers have specific requirements, from types of addiction they treat to gender to ages. 

I've long advocated trying to use KY's drug courts as a model that — with a little funding — could substantially reduce prison populations and drug abusers. I'm sure other states have similar programs that are likewise effective.